8.2. SR 12-16-2019 - Laserfiche WebLink

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Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General Business December 16, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Declaration of Public Nuisance and Abatement Scott Baumgartner, City Attorney Order Reviewed by Cal Portner, City Administrator Action Requested Receive presentation from the city attorney's office regarding court ordered abatement. Adopt,by motion, a resolution declaring the property at 1772 Tipton Circle NW a public nuisance and ordering the abatement of the public nuisance. Background/Discussion The city has received numerous complaints regarding the accumulation of materials and rubbish at 1772 Tipton Circle NW. The property is in violation of Elk River City Code Chapter 46,Art. II, Section 46- 34(a) (4) and City Code Chapter 46,Art. II, Section 46-32 (a) (5),both of which relate to the accumulation of trash/rubbish/and debris. Enforcement efforts on this parcel stretch back to the spring and summer of 2018 which lead to the City Council approving a deferred assessment agreement for the property. Approval of that document ultimately lead to the property coming into compliance without the need for city-initiated abatement,but in the spring of 2019 the property again became a public nuisance as the accumulation of debris and rubbish started again. Throughout the summer, staff made numerous visits to the property, spoke with the property owners and tenants regarding the need to clean up the property, and issued multiple letters and a criminal citation in an effort to gain compliance with the property. Unfortunately, the city's efforts have not brought the property into compliance and as of the latest inspection on December 4, 2019, the property is still in violation. Included in your packet is a record of the site visits,letters sent to the owner and tenant, and photographs taken during these visits. A criminal citation was also issued on October 24, 2019. In order to abate the city ordinance violations on the property, staff is recommending that the City Council authorize abatement procedures allowed under MN Statute Chapter 463. Staff is seeking adoption of a resolution ordering abatement of the hazardous property/public nuisance. POWERED By The Elk River Vision INAWREJ A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity